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What Is Informed Consent?

Medical malpractice cases are unique in that victims are often left unaware that they are victims. In the healthcare industry, it is not uncommon for people to get sick or for their conditions to worsen. 

The human body is very complex and every person’s body responds differently. But the key to any medical malpractice lawsuit is being able to show to the courts that your healthcare provider’s negligence is the cause of your injury or illness.

When your healthcare provider could be responsible for causing your worsened condition, can you really trust their explanation of what’s happened to you? We’d like to think so, but the reality is that many healthcare providers have been known to mask their negligence by hiding behind the patient’s own informed consent. 

Informed Consent in Medical Malpractice Claims

When you are going to be treated by your healthcare provider, they have an obligation to ensure that you fully understand what your treatment is, the risks, and the side effects, and they must provide you with follow-up care after that treatment. 

When you sign your informed consent, you are saying that you understand the risks and potential side effects of your treatment, but that you consent to be treated despite these risks and side effects. 

The trouble with informed consent is that it provides an opportunity for the healthcare provider to hide their mistakes and disguise them as being standard risks or side effects. But in reality, in some cases the injury or illness wasn’t caused by the treatment; it was caused by the negligent actions of the healthcare provider. 

How to Know if You Need a Medical Malpractice Lawyer

Because of the fact that healthcare providers can hide their negligence behind a patient having given their informed consent, it can be difficult to know whether you have been a victim of medical malpractice.

Here are three ways you can tell that you might need the help of a medical malpractice lawyer:

  • Your doctor’s explanation of what happened doesn’t make sense (i.e., you think they’re lying to you).
  • Your life has been turned upside down by your injury or illness.
  • You suspect a mistake was made but don’t know where to turn.

Consulting with a lawyer is free. It can’t hurt to get on the phone and discuss your case with a trusted legal professional. Only then will you be sure whether you’re a victim and what to expect next from your case. 

Call a Medical Malpractice Lawyer for More Information

If you suspect that your injury or illness was not a routine side effect, risk, or complication and believe your healthcare provider could be responsible, get help with your case. 

Schedule a free, no-obligation consultation with an experienced medical malpractice lawyer at the Law Offices of Dennis Smith, PLLC. We can be reached by phone at 212-835-1699 or through the convenient contact form below when you are ready to get started on your case. 



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